Analysis Of Status Crime And Joint Crime

The accomplice of status crime research has always been the difficulty and hotspot in the research of the criminal law,whether outside or domain,has always been a topic of debate,in foreign countries,the field has a \"dark hole,\" said.Professor Chen Xingliang also said: \"in the punishment law,the accomplice of status crime is a problem of the relationship between the accomplice and identity,it can be said to be an accomplice criminal law theory in the swamp,aWill not careful to sink in.Is because of the complexity of the problem,however,tempt more ferociously for criminal law scholars on it.[Chen Xingliang: the complicity of status crime: based on the perspective of comparative law,investigation,legal science(journal of northwest university of political science and law)(2013)\"While in Germany,Japan and the mainland legal system countries and regions are listed in the penal code of status crime the accomplice of the relevant provisions,but at the time of concrete determination,opinion is divided between various scholars,appear the situation of the schools of thought contend,here is the battlefield of the theory of criminal law and trial field.Abroad if so,what's more,the general part of the penal code of our country is not in violates the accomplice question about the status at the head of the global legal provisions,only scattered in the specific provisions and rules of judicial explanation,this led to more scholars in our country on this research and debate,at least in the general rules about the reasonable provisions before,this kind of situation will not stop,it is beneficial to our country criminal law theory.Research on this field is in its infancy in our country,from the perspective of the progress of the research results are relatively rich,however,the study of the special effect is not so obvious,the author thinks that the essence of the reason is that some fundamental problems of status crime and the basic principle of not clear,such as the cognizance of the scope of our country are not about pure identity are not consistent with foreign,but we are not the same as the premise before put forward their own views,rather than to promote the academic progress,so it can only be created in theory,is not conducive to guide judicial practice.As associate professor wu feifei puts it: \ "specific to the theory of status crime is related to status crime punishment according to the crime constitution,the problem such as a joint crime and punishment of love is worth research,should be the basic problem with the relative depth,and be able to make these fit each other between related theory to achieve internal logic self-consistent theory,and then puts forward some individual violates to the status of claims and insights,because schools of thought contend is more targeted and guiding the judicial practice well.\" [wu feifei: the theory of status crime,based on the criminal pattern of the perspective,Chinese procuratorial press] therefore,we should build a common platform,so that the various theories in this action.The purpose of this paper is to comb the fundamental problem with the basic principle of status crime and accomplice,after analysis of each specific situation again,this is equivalent to the relationship between the general principle and specifics of the criminal code.Only sort out the basic principle,solve the fundamental problem,the accomplice violates to the status of the specific situation,discuss each particular case can also enrich and demonstrates the basic principle of legitimate and feasibility.